Sathiyamoorthy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2018

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.[MD].No.20332 of 2018 1.Sathiyamoorthy 2.Vigneshwaranpandi @ Vignesh 3.Sakthivel : Petitioners Vs.

1.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

Crime No.124 of 2018 2.Pradeep : Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records relating to the charge sheet in S.T.C.No.750 of 2018 on the file of the learned Judicial Magistrate No.II, Sivagangai and quash the same.

For Petitioners : Mr.G.Prabhu Rajadurai For R-1 : Mr.A.Robinson Government Advocate (Crl.Side) For R-2 :Mr.R.Maheswaran

ORDER

The Criminal Original Petition has been filed to quash the proceedings in S.T.C.No.750 of 2018 on the file of the learned Judicial Magistrate No.II, Sivagangai.

2.The case is still at the stage of trial. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves.

3.A Joint Memo of Compromise has been filed before this Court, which has been signed by the petitioners and the second respondent and also by their respective counsel. In order to identify the respective parties they have also produced copies of their Aadhaar Cards, which are made part of the record. This Court also enquired both the parties and was satisfied that the parties have come to an amicable settlement between themselves.

4.Under such circumstances, no useful purpose will be served in keeping the proceedings pending. Even though, the offences involved are not compoundable in nature, in the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the proceedings in S.T.C.No.750 of 2018.

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5.This Criminal Original Petition stands allowed and as a sequel, the proceedings in S.T.C.No.750 of 2018, on the file of the learned Judicial Magistrate No.II, Sivagangai, is quashed and the terms of Joint Memo of Compromise shall form part and parcel of this order. The first petitioner shall pay a sum of Rs.5,000/- and the petitioners 2 and 3 shall pay a sum of Rs.2,500/- each as costs, to the credit of Legal Services Authority, Madurai Bench of Madras High Court, Madurai, within a period of two weeks from the date of receipt of a copy of this order and file a photocopy of the receipt along with a memo reporting compliance in the Registry. Sd/ Assistant Registrar(W) /True copy/ Sub Assistant Registrar(CS-IV) Encl:Xerox Copy of Joint Compromise Memo.

To 1.The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

2.The Judicial Magistrate No.II, Sivagangai.

Copy to:

1.The Officer in Charge, Legal Services Authority, Madurai Bench of Madras High Court, Madurai.

2.The Additional Registrar General, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.G.Prabhu Rajadurai, Advocate, SR.No. 95244 Crl.O.P.[MD].No.20332 of 2018 13.11.2018 mm KK/RSK/SAR-4/20.12.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/